Lamb v. Morgan

• Decision Date: 25 February 1929
• Docket Number: 27747
• Citation: 152 Miss. 664,120 So. 745
• Court: Mississippi Supreme Court
• Parties: LAMB, COUNTY SUPERINTENDENT OF EDUCATION, v. MORGAN et al. [*]

120 So. 745

152 Miss. 664

LAMB, COUNTY SUPERINTENDENT OF EDUCATION, v. MORGAN et al. ^[*]

No. 27747

Supreme Court of Mississippi

February 25, 1929

Division A

1. SCHOOLS AND SCHOOL DISTRICTS. Where no petition was filed and no election held, county board's order attempting to annex school district to consolidated school district without outstanding indebtedness was invalid (Hemingway's Code 1927, section 8745).

Where no petition was filed with board of supervisors and no election was called or held in territory proposed to be added to district order of county school board attempting to annex school district to consolidated school district having no outstanding indebtedness cannot be upheld under any of provisions of Laws of 1924, chapter 283, section 110 (Hemingway's Code 1927, section 8745).

2. SCHOOLS AND SCHOOL DISTRICTS. Statute relating to annexing territory to consolidated school district in counties having two judicial districts and certain population held inapplicable to school in Oktibbeha county (Laws 1928 chapter 124).

Laws 1928, chapter 124. providing that in counties having two judicial districts and having population of 50,000 inhabitants or more, county school board has authority in its discretion, upon written approval of trustees of school district, to annex territory to adjacent consolidated school district, held inapplicable to attempted annexation of Macedonia school district to Sturgis consolidated school district in Oktibbeha county.

3. SCHOOLS AND SCHOOL DISTRICTS. Statute validating proceedings theretofore taken in creating school districts held inapplicable to annexation of territory (Laws [Sp. Sess.] 1928, chapter 43).

Laws (Sp. Sess.) 1928, chapter 43, validating all proceedings theretofore taken by board of supervisors of any county of state in creation of any consolidated school district or other school district, held inapplicable to attempted annexation of school district to consolidated school district which had been created several years previously, since order proposing to add certain territory was not creation of district.

HON. J I. STURDIVAN, Judge.

APPEAL from circuit court of Oktibbeha county, HON. J. I STURDIVANT, Judge.

Petition by W. E. Morgan and others, trustees and patrons of the Macedonia School District in Oktibbeha county, against J. A. Lamb, county superintendent of education of Oktibbeha county, for writ of mandamus to compel respondent to employ and contract with teachers. From a judgment for petitioners, respondent appeals. Affirmed.

Judgment affirmed.

Will E. Ward, for appellant.

The solution of the problems presented on this appeal involve a construction of the school laws with reference to the adding of new territory to establish consolidated districts. First, chap. 198, Laws of 1922, is inoperative. In the outset, we fully and frankly admit that the county school board, in adding the territory formerly comprising the Macedonia common school district to the Sturgis consolidated school district, made no effort whatever to comply with the provisions of the 1922 law. They regarded that act as having been repealed by chap. 283, Laws of 1924, and governed their actions accordingly. Our position is that chap. 283, Laws of 1924, is a complete revision and codification of the school laws of Mississippi, and as such, supersedes all prior statutory law dealing with the common-school system of the state.

Second, territory can be added under chapter 283, Laws of 1924. The merging of the 1922 act into the 1924 codification forces appellees into asserting the astonishing proposition that the legislature intends that territory may be added to consolidated districts having outstanding bonded indebtedness, but not to those districts so fortunate as to be free from debt. They would place the legislature in the position of having put a premium upon insolvency, so to speak. Opportunities for enlarging, expanding and improving school districts would be afforded to those whose property is under mortgage, while districts whose management has been conducted so successfully as to be free of debt, are to be denied such privileges and opportunities. Citizens in outlying territory desiring to come into a consolidated school district and obtain for their children educational facilities which such schools have to offer, must first inquire whether the district is in debt. If there is a bonded debt for them to assume, they may enter. Otherwise, there is no provision for their territory to be added to the district. It is unthinkable that this court would impute to the legislature an intent so absurd and unreasonable under the narrow, strained, literal construction of the school code advanced by appellees in this case. A broad and liberal application of our general legislative policy with reference to the school system should be resorted to for the purpose of carrying out the obvious purpose of the legislature in promoting, rather than retarding and restricting the educational development of the state. See Board of Education v. M. & O. R. R. Co., 72 Miss. 236, 16 So. 489; Kennington v. Hemingway, 101 Miss. 259, 57 So. 809; Rosenberry v. Norsworthy, 135 Miss. 845, 100 So. 514; Roberson v. Texas Oil Co., 141 Miss. 356, 106 So. 449.

McClellan & Tubb, for appellees.

Appellant concedes that the school board did not follow the method set out in chap. 198, Laws of 1922, in adding the territory here in question, and that if the scheme therein set out is controlling, then the annexation and order is void. This is patent under authority of Brannon v. Board of Supervisors, 141 Miss. 444, 106 So. 768.

That part of chap. 283, Laws of 1924, relating to consolidated school districts is found in sec. 14 thereof. This is the only provision or method given in said act for the annexation of territory to a consolidated school district. By this section territory can be added where the consolidated school district has an outstanding indebtedness. No provision is made in said act for the annexation of territory to a consolidated school district that has no outstanding indebtedness, where the district has levied a tax or not or where the district lies in two or more counties. Appellant argues that a scheme should be read into this act whereby territory can be added. Can any other method other than the method given in sec. 110 be deducted from this act? We think not. See Williams v. Lee, 132 Miss. 739, 96 So. 401; Amite County School Board v. Reese, 143 Miss. 880, 108 So. 439.

We respectfully submit that should chap. 198, Laws of 1922, be controlling that this order is void because the jurisdictional facts are not set forth in the order and further no election was ever held in the territory to be added for the qualified electors to determine if the territory was to be added and no petition was presented from, or election held in the Sturgis district. Should this court find that chap. 196, Laws of 1922, was repealed by chap. 283, Laws of 1924, then we respectfully submit that the order is void because: 1. The territory to be added was not described by sections and parts of sections; 2. No petition signed by a majority of the qualified electors residing in the Sturgis consolidated school district was before the county school board asking the boundaries of said district to be changed so as to include the territory of the Macedonia school district, at the time the order was entered and passed. 3. No statutory method is provided for adding the territory to a consolidated school district without an indebtedness, where such district has existed more than one year and has levied a tax. 4. If a statutory method is provided, then such method was not pursued in adding this territory.

OPINION

COOK, J.

The appellees, trustees and patrons of the Macedonia school district in Oktibbeha county, filed a petition in the circuit court against the superintendent of education of that county seeking the issuance of a writ of mandamus to compel the appellant to employ and contract with certain teachers who had been elected by the board of trustees of said district, or to forthwith employ and contract with some other lawfully qualified and licensed teachers to teach the said Macedonia school for the session of 1928-29. To this petition the appellant filed an answer, and by agreement the cause was tried before the judge, in vacation, on an agreed statement of facts, and a judgment was entered granting the prayer of the petition, and from this judgment the appellant prosecuted this appeal.

From the agreed statement of facts it appears that the Macedonia school district is a lawfully established school district of said county, which has been in existence and recognized as such for over twenty years, and that a school was conducted in the schoolhouse in said district for the session of 1927-28, being taught by two...